Can a defendant appeal against a finding that he violated section 314 of the Penal Code in a motion to revoke his probation?

¹ Defendant also contends (3) the evidence was insufficient to support a finding that he violated Penal Code section 314, which formed the basis of the third petition to revoke probation, (4) the trial court erred by relying on defendant's unsatisfactory performance on probation to impose a six-year prison term, and (5) the matter must be remanded for a determination of defendant's ability to pay the imposed fines and assessments under People v. Dueas (2019) 30 Cal.App.5th 1157, 242 Cal.Rptr.3d 268. We need not consider these contentions because we conclude the order relating to the third petition to revoke probation must be reversed, the sentence vacated, and the matter remanded for further proceedings.

² Undesignated statutory references are to the Penal Code.